State ex rel. Cinnamon Lake Utility Co. v. Public Utilities Commission

In this mandamns action, relator and the commission argue the applicability of R. C. 4909:18 to the commission’s treatment of relator’s submission of a rate schedule.

The day after relator filed this mandamus action, it filed an appeal in this court from the respondent’s order denying relator’s proposed rate schedule. This court has held many times that mandamus is not available to a relator who has an adequate remedy at law available by appeal. See, e. g., State, ex rel. Foreman, v. Court of Appeals (1970). 24 Ohio St. 2d 93.

Relator says, however, that “time is of the essence, both to protect…